USE AND LICENSE AGREEMENT FOR DOWNLOADABLE COORDINATE FILES

This Use and License Agreement for Downloadable Coordinate Files (“License Agreement”) is a legal agreement between the end-user (“you” or “your”) and Wanaka Enterprises, Inc. (“we,” “us” or “our”), publisher of the eBooks Tuscany by Car and Ireland by Car (the “eBooks”). This License Agreement applies to and governs your use of downloadable coordinate files (the “Files”) supplied by us in one of three file formats (GPX, OV2 and KML) in connection with your purchase of one of our eBooks.

Ownership and Limited Grant of Rights. The Files, which have been developed by us at substantial cost in both time and expense, are owned exclusively by us and are protected under copyright laws and international copyright treaties. The Files are licensed, not sold. This means, that by downloading and/or using the Files or any portion of them, you acknowledge that we own all right, title and interest, including without limitation all intellectual property rights, in and to the Files and that you will only acquire the limited rights expressly set forth in this License Agreement. This License Agreement sets forth what you may do with the Files and contains limitations on liability and disclaimers of warranties and remedies. We are willing to license the Files to you, but only on the condition that you accept and agree to all of the terms and conditions set forth in this License Agreement. Therefore, please be sure to read the terms of this License Agreement carefully before downloading or using the Files. If you do not agree with these terms and conditions in their entirety, do not download or use the Files and notify us at info@tuscanybycar.com. We will arrange a prompt refund of your entire purchase price for the eBook(s).

Precautionary Notes. Although the GPS coordinates contained in the Files and the instructions provided by a GPS device are of great value and are usually very accurate, it is important to bear in mind that they are not perfect. We have encountered instances where even an up-to-date GPS map on a brand new GPS device attempted, on several different occasions:

To route us the wrong way on one-way streets

To route us onto roads that no longer exist

To route us on almost impassable back roads more akin to cart tracks

To route us through closed-off areas

Because virtually all data sources (including the Files) contain some inaccurate or incomplete data, it is essential that you regard your GPS device as assisting you in your independent efforts to find a particular location. Use your best judgment and employ common sense at all times, and do not blindly follow the instructions of the GPS device as they may, every so often, be incorrect. Always follow the manufacturer’s safety and product information and never enter GPS coordinates or route information while driving. Driving is a serious matter and failure to pay attention to your operation of a motor vehicle can result in death, personal injury or damage to property. Pay attention and drive carefully!

Grant of License. Subject to the terms and conditions of this License Agreement, we grant you a limited, non-exclusive, non-transferable license to use the Files in conjunction with your eBook. We hereby reserve all rights with respect to the Files not expressly granted in this License Agreement.

Copies You may make one copy of the Files solely for archival and disaster recovery purposes, provided that such copy shall include copyright notices identifying us as the owner of the files. We agree that any archival copies of the Files you make shall be additional to any copies made of the Files as a part of any normal system backups.

Modifications, Reverse Engineering The Files are proprietary and you agree not to cause, nor permit either through your efforts or through any third party, the copy, modification, disassembly, de-compilation, or reverse engineering of the Files or use of any portion thereof in any manner not expressly authorized by this License Agreement.

Disclaimers and Risk of Use. The Files are provided for informational use only and you assume total responsibility and all risk when using the Files in conjunction with a GPS device. The limitations on liability and disclaimers of warranties and remedies set forth below are an essential condition to our agreement to grant you a limited license to use the Files.

No Warranty. The Files are made available for download subject to your agreement that the Files (and all data therein) are provided with no warranties, expressed or implied, including but not limited to those concerning data accuracy, completeness, reliability, suitability or usefulness. WE EXPRESSLY DISCLAIM ANY WARRANTY FOR THE FILES. THE FILES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states and/or jurisdictions do not allow certain warranty exclusions, so to that extent the above exclusions may not apply to you.

No Consequential or Other Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY IN ANY MANNER, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHER THEORY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR SPECIAL DAMAGES, INCLUDING LOST PROFITS AND LOSS OF DATA, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE FILES AND DATA THEREIN, REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE OR RESPONSIBLE FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES ASSOCIATED IN ANY WAY WITH YOUR USE OF (OR YOUR INABILITY TO USE )THE FILES.

Limits on Liability. IN NO EVENT SHALL THE TOTAL, CUMULATIVE LIABILITY OF EITHER PARTY TO THE OTHER PARTY REGARDING ANY AND ALL CLAIMS AND CAUSES OF ACTION, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR YOUR EBOOK. THE LIMITATIONS SET FORTH IN THIS SECTION 9 (LIMITS ON LIABILITY) SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS LICENSE. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

General

10.1 Term and Termination. The limited license granted by this License Agreement will continue for as long as you use the Files, and will terminate automatically without notice if you fail to comply with any of the terms or conditions of this License Agreement.

10.2 Entire Agreement. This Agreement is the entire agreement between you and us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.

10.3 Governing Law. The validity of this License Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the internal substantive laws of the State of Minnesota applicable to agreements to be made and to be performed solely within Minnesota, without giving effect to any conflicts or choice of laws principles that otherwise might be applicable.

10.4 Severability. If any one or more of the provisions of this License shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this License shall not in any way be affected or impaired thereby, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this License Agreement shall continue in effect.

[END OF LICENSE AGREEMENT]

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